Written Answers Tuesday 25 May 2010

Scottish Executive

Central Heating

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive which local authorities are operating energy advice and insulation schemes and what they cover.

Alex Neil: It is for individual local authorities to decide on the provision of energy advice and insulation schemes. However, the Scottish Government is supporting the delivery of area-based home insulation schemes in parts of ten local council areas. These councils are: Angus, Dundee, Edinburgh, Fife, South Lanarkshire, Glasgow, Stirling, Highland, Western Isles and Orkney. The schemes offer households in selected areas a range of services, including energy efficiency advice and free or discounted insulation. Continuing funding in 2010-11 will enable the scheme to be expanded to cover a number of other councils this year.

  In addition, the Scottish Government provides Scotland-wide energy advice and access to insulation schemes through the Energy Saving Scotland advice network. This free service offers tailored advice on energy efficiency, renewables and sustainable transport. A key strength of the network is its links with local authorities whom they work closely with to promote the benefits of energy efficiency to householders as part of local and national campaigns. The network is also a key delivery vehicle for the home insulations schemes, the Energy Assistance Package and Carbon Emissions Reduction Target spend in Scotland.

Climate Change

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive when it will publish a report on energy performance of domestic buildings, as required by section 64(6) of the Climate Change (Scotland) Act 2009.

Alex Neil: Section 64(6) of the act requires Scottish ministers to publish a report within 12 months of commencement of this provision on its plans to utilise these powers. This means that ministers must publish this report by 31 March 2011.

  The Scottish Government consulted on options for the use of these regulation making powers in its consultation on the Energy Efficiency Action Plan, which was published in October. The final action plan will include information on the next steps in regard to developing our approach to the use of these regulation making powers.

Energy Efficiency

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive what measures it is taking to sustain the level of funding for housing adaptations to help meet the needs of the rising number of older people and its policy to help them remain in their own homes for as long as possible.

Alex Neil: The Scottish Government published new guidance on the Provision of Equipment and Adaptations on 1 December 2009. It aims to assist local authorities and their NHS partners to integrate their equipment and adaptation services within the wider community care context. The guidance is available at http://www.scotland.gov.uk/Topics/Health/care/EandA/EandAGuidance .

  Funding for adaptations by Registered Social Landlords (RSLs) is provided through the Affordable Housing Investment Programme (AHIP) and is agreed in response to RSLs’ Strategy and Development Funding Plans (SDFPs) and wider consideration of resources at local authority level.

  Local authorities have a duty to provide grant assistance for the installation of standard amenities and structural adaptations, excluding conversions and extensions, to meet the assessed needs of disabled people in privately owned properties. Funding for this is included within the main local government settlement. It is for each local authority to determine how it makes use of this funding, taking account of its duties and local and national priorities.

  Work on a Funding Guide for Major Adaptations is nearing completion. The guide is aimed at practitioners and will detail the different funding streams and housing tenures encountered by adaptations providers. It will be published this summer. Separate, tenure specific, information leaflets will also be developed for service users.

Energy Efficiency

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive whether it considers that it has sufficient legal powers to set up minimum energy efficiency standards in housing and, if so, under what statute.

Alex Neil: Sufficient legal powers to set minimum energy efficiency standards for new dwellings are available through the Building (Scotland) Regulations. These regulations are made under the Building (Scotland) Act 2003. These regulations apply to new dwellings, regardless of tenure.

  Section 64 of the Climate Change (Scotland) Act 2009 provides wide ranging enabling powers for Scottish ministers to introduce requirements to assess the energy performance of existing houses and to require action to be taken based on those assessments.

  These powers include provision for regulations to specify the living accommodation to which the regulations apply. This enables ministers to specify regulations covering both the privately rented and the owner-occupied housing sectors.

  Given the wide ranging nature of these powers, there are no plans to seek further legal powers relating to the energy performance of housing.

Energy Efficiency

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive whether it considers that it has sufficient legal powers to set minimum efficiency standards in the private rented sector and, if so, under what statute.

Alex Neil: I refer the member to the answer to question S3W-33666 on 25 May 2010. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx .

Energy Efficiency

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive whether it considers that it has sufficient legal powers to set minimum energy efficiency standards in the owner-occupied sector and, if so, under what statute.

Alex Neil: I refer the member to the answer to question S3W-33666 on 25 May 2010. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx .

NHS Boards

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what external contracts for press, media or communications will be held by each territorial and special NHS board in 2010-11 and at what cost.

Nicola Sturgeon: This is a matter for territorial and special health boards who are wholly responsible and accountable for their press, media and communications activity. The information requested is not held centrally.

NHS Staff

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what external contracts for press, media or communications were held by each territorial and special NHS board in (a) 2005-06, (b) 2006-07, (c) 2007-08, (d) 2008-09 and (e) 2009-10 and at what cost.

Nicola Sturgeon: This is a matter for territorial and special health boards who are wholly responsible and accountable for their press, media and communications activity. The information requested is not held centrally.

NHS Staff

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive what action it is taking to resolve outstanding issues relating to the Agenda for Change programme in the NHS Ayrshire and Arran area.

Nicola Sturgeon: All staff in Ayrshire and Arran are being paid under the Agenda for Change system. Staff who were dissatisfied with their original pay banding, however, had the right to request a review. I understand that all the initial review panels in Ayrshire and Arran have now taken place, although there remains a small number of outcomes for which further work will be required. It is for boards and their staff side partners locally to take forward all aspects of Agenda for Change implementation and I am assured that these outstanding issues are being dealt with in full partnership. Scottish Government officials continue to monitor progress closely and all boards are very much aware of the need to finalise any remaining work around Agenda for Change implementation as quickly as possible.

Queen’s Speech

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive what legislative consent motions it will lodge in the Parliament in connection with the legislative programme of the UK Government to be announced in the Queen’s Speech on 25 May 2010.

Bruce Crawford: In accordance with the Sewel Convention, the UK Parliament does not legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.

  This is an important part of the devolution settlement, which acknowledges the special constitutional position of the Scottish Parliament and the democratic mandate conferred on this Parliament by the people of Scotland. In the view of the Scottish Government, the Sewel Convention will remain an essential part of the constitution of the UK for as long as the UK Parliament retains its current powers and functions in relation to Scotland.

  In the normal course of business, legislation on devolved matters should be scrutinised and determined in the Scottish Parliament. There may, however, be situations in which it is helpful and appropriate for legislation dealing with devolved matters to be taken forward at Westminster.

  The Scottish Government is committed to assessing opportunities of this kind on their merits and to working positively and constructively with the UK Government, on a case-by-case basis, to deliver legislation which best meets Scotland’s needs. The Scottish Government is equally committed to working with the UK Government to pursue opportunities to extend devolved competence.

  The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation on devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.

  This is the first time since the creation of the Scottish Parliament that a post-election change of government has occurred at Westminster. The new coalition government took office on 11 May and the development of a formal legislative programme has necessarily been conducted under circumstances rather different from those which have become the norm over the last decade. As a result, opportunities to discuss the content of proposed bills and to identify potential requirements for legislative consent in advance of the Queen’s Speech have been more limited than has been the case in previous years.

  At present the situation is that the UK Government has announced 24 bills for the 2010-11 session. It appears possible that five of those bills may require legislative consent, although the need for consent will be kept under review and may change as drafting progresses.

  The bills currently thought likely to require consent are:

  Energy Security and Green Economy Bill - A Bill for England, Wales and Scotland to "deliver a national programme of energy efficiency measures to homes and businesses. It may also introduce powers to regulate the emissions from coal-fired power stations, reform energy markets and put in place a framework to guide the development of a smart grid that will revolutionise the management of supply and demand for electricity. The UK Government may also legislate to set up a Green Investment Bank." Some measures may have devolved aspects.

  Health Bill - A Bill for England to "implement the UK Government’s proposals for a sustainable national framework for the NHS; to support a patient-led NHS focused on outcomes, and to deliver on the commitment to reduce bureaucracy". May contain provisions relating to public health and require technical changes to Scottish legislation as a consequence of re-organisation in England.

  Police Reform and Social Responsibility Bill – A Bill for England and Wales "to make the police service more accountable to local people and set out measures to tackle alcohol-related violence and disorder". Proposals to create a dedicated Border Police Force would apply to the UK as a whole. Consent may be required in relation to technical provisions in Scottish legislation.

  Public Bodies (Reform) Bill – A Bill for England and Wales to "ensure that there will be a greater degree of transparency and accountability for all Public Bodies (‘quangos’), and provide Ministers with the powers to abolish, merge or transfer functions". Where changes affect bodies exercising devolved as well as reserved functions, consent will be sought.

  Scotland Bill - A Bill for Scotland to "implement recommendations of the Final Report of the Commission on Scottish Devolution (the Calman Commission)". The main elements of the Bill will be made clear in due course. Any alteration to devolved competence would require legislative consent.

  The Scottish Government will, in due course, lodge memoranda and motions for relevant bills, once they have been introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

  It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motion may occur in connection with other UK bills, including Private Member’s bills. Any additional proposals of this kind, together with any relevant amendments to the Government bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.

Sheltered Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive what measures it is taking to continuously improve the sheltered housing stock across Scotland.

Alex Neil: A total of 564 sheltered housing units have been approved between 2006-07 and 2008-09, attracting an investment in Housing Association Grant of £45.414 million.

  Figures for 2009-10 are not able to be supplied at present as they form part of the Official Statistics data which are not published until 27 May 2010. This is in line with the Code for Official Statistics which states that data which is published as an official statistic should not be used publicly (including in parliamentary questions) until they are published on their pre-announced date. The 2009-10 statistics for sheltered housing in this question will be placed in the Scottish Parliament Information Centre (Bib. number 50911), after the official statistics publication on 27 May 2010.

  Local authorities will set out their approach to meeting the housing needs of older people in their local housing strategies and identify investment priorities, including those relating to sheltered housing, in their Strategic Housing Investment Plans. Local authorities and registered social landlords must also ensure sheltered housing meets the Scottish Housing Quality Standard and required Care Commission Standards.

Young People

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive what specific support is available to young adults who have recently left special education.

Keith Brown: The Additional Support for Learning Act (2004) makes provision for improving the transition from school for young people leaving special education, and mainstream education, with a view to ensuring that there is a continuum of support available to them.

  There is a statutory duty on appropriate agencies - Skills Development Scotland, NHS boards, colleges, local authority education departments and other local authority services - to assist with preparation, planning and support for transition from school for those young people with additional support needs. This should take place 12 months prior to the student leaving school.

  Within the Scottish Government’s More Choices More Chances Team, a new post is focusing on supporting local authorities and their partners to implement the Additional Support for Learning Act.

Young People

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive whether part of its More Choices, More Chances strategy is designed to assist young adults who have recently left special education.

Keith Brown: Our More Choices, More Chances strategy aims to assist all young people to move into positive and sustained destinations.

  Specifically, through 16+ Learning Choices we are ensuring every young person has an appropriate offer of post-16 learning before leaving school or any subsequent episode of learning. This is a universal model, but gives particular attention to those who require additional support for their learning.

  Every local authority in Scotland is implementing 16+ Learning Choices and has committed to universal delivery by this December.

Young People

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive how many individuals who have left special education are not in (a) employment, (b) education or (c) training, also expressed as a percentage, and what the comparable figures are for those who have left mainstream education.

Keith Brown: In 2008-09, 384 (43.3%, from a total of 886) leavers from special schools entered an initial destination which was not employment, education or training. This compares to 7,652 (14.3%, from a total of 53,532) leavers from publicly funded secondary schools.

Young People

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive how many young people from Scotland have participated in a European Union Youth in Action Programme since 2007.

Keith Brown: One thousand, five hundred and forty-one young people from Scotland took part in the Youth in Action Programme from 2007-09. Figures for 2010 are not yet available.